Challenging Illegal Fees on Your New York Rent Bill

If you’re a renter in New York and you’ve noticed unexplained or suspicious charges on your monthly rent bill, you’re not alone. Illegal fees on rent bills can cause confusion and financial stress. As a tenant, you’re protected by state law against many unauthorized rental charges. This guide will explain how to identify illegal fees, your rights under New York law, and what steps you can take to challenge and resolve these issues for a fairer renting experience.

Recognizing Illegal Fees on Your Rent Bill

Under New York State Real Property Law (RPL), landlords are limited on what fees they may charge renters. Some common illegal or questionable charges may include:

• Application fees over $20 (prohibited by law)
• Excessive late fees (capped at $50 or 5% of monthly rent, whichever is less)
• Unapproved repair or administrative fees
• Move-in or move-out fees not listed in your lease
• Broker’s fees (with some restrictions)

If a fee is not specified in your lease agreement, or violates state caps, it may be considered illegal.

Your Rights as a Renter in New York

The 2019 New York State Housing Stability and Tenant Protection Act strengthened tenants’ protections against excessive and hidden rental fees. You have the right to:

• Receive an itemized rent bill when payment is due
• Dispute unauthorized or excessive fees
• Request documentation or receipts for any charges
• Contact state agencies for support or to file a complaint

Where to Turn: The Tribunal for Tenancy Disputes

The key tribunal for resolving rental disputes in New York City is the New York City Housing Court. Outside NYC, local City, Town, or Village Courts handle landlord-tenant matters. For matters involving illegal fees, you may also reach out to the New York State Division of Housing and Community Renewal (DHCR).

How to Challenge Illegal Fees: Steps to Take

If you suspect your rent bill includes an illegal fee, you can take clear steps to address it:

• Review your lease and identify fees not included or exceeding state caps.
• Gather a copy of your rent bill, lease agreement, and any supporting correspondence.
• Write a written request to your landlord for clarification or removal of the problematic fee. Be clear and polite.
• If the landlord refuses or does not reply, you may file a complaint with the DHCR or prepare to dispute the charge in Housing Court.

Stay organized and keep records of all your communications.

Official Forms for Disputing Illegal Fees

• Complaint Form for Rent Overcharges and/or Improper Fees (RA-89)
  Use when: You are being charged fees or rent not allowed by law.
  How: Complete the RA-89 form and submit it to DHCR. For example, if your landlord adds a $200 "administrative fee" not in your lease, submit this form with copies of your lease and bill.
  Official source: NYS DHCR Forms
• Tenant's Answer in Housing Court (CIV-LT-91)
  Use when: Your landlord starts a nonpayment or holdover proceeding involving a disputed fee.
  How: Complete and file the CIV-LT-91 answer form in Housing Court. You can state “illegal fees” as a defense.
  Official source: NY Housing Court Forms

Filing these forms helps formally document your dispute and preserves your rights.

FAQ: Renters’ Most Common Concerns About Illegal Fees

1. Can my landlord charge any kind of fee they want?
   No. Fees must comply with New York State law and be disclosed in your lease. Many fees are capped or prohibited. Always check your lease and state law.
2. What should I do if my landlord refuses to remove an illegal fee?
   Document your request, then file a complaint with DHCR or prepare your defense for Housing Court using the appropriate forms.
3. Is it legal for a landlord to charge late fees?
   Yes, but late fees are capped at $50 or 5% of your monthly rent, whichever is less. Higher charges are illegal.
4. Will disputing illegal fees risk my eviction?
   Retaliation for asserting your rights is illegal. If you face threats, contact DHCR or a legal support agency.
5. Where can I get help filling out official forms?
   Tenant advocacy groups, legal aid services, or DHCR staff can help guide you in completing and submitting required forms.

Key Takeaways: Protect Yourself From Illegal Fees

• Understand your rights: most fees are capped or must be in your lease.
• Use official forms and government resources for disputes.
• Keep thorough records and act swiftly to contest unauthorized charges.

By knowing your options and following these steps, you can stand up for fair rental practices and avoid paying unlawful fees.

Need Help? Resources for Renters

• New York State Division of Housing and Community Renewal (DHCR): Rent regulation, complaints, and tenant resources.
• New York City Housing Court: For disputes in NYC.
• File a Rental Complaint Portal: Official state complaint submission.
• New York Attorney General – Tenants' Rights: Legal information and complaint support.

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1. New York Real Property Law
2. NYS DHCR Official Forms
3. NYC Housing Court
4. Summary of Major Tenant Protections

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